Calcutta High Court
WPA/1022/2026 of MD. MATIAR RAHAMAN Vs THE STATE OF WEST BENGAL AND ORS on 12 August 2026
2026,
A. Roy,J.
Form J(2)
Sl. No. 33
AB
High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
W.P.A. 1022 of 2026
Md. Matiar Rahaman
Vs.
The State of West Bengal & Ors.
For the petitioner
:
Mr. Deborshi Dhar
For the State
:
Ms. Radhika Agarwal
Ms. Tamanna Kar
Heard on
:
August 12, 2026
Judgment on :
:
August 12, 2026
[ IN COURT ]
Aniruddha Roy,J.
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1. The petitioner was an Assistant Teacher and ultimately retired as Headmaster of a High Madrasah. He retired on November 30, 2025.
A. Roy,J.
Since then he has not received pension. To receive pension is the legal right of the petitioner.
2. The record shows that a co-ordinate Bench had directed by its order dated July 8, 2026 the State to file a report within three weeks, till date no such response has come from the State. The issue needs to be expedited forthwith.
3. Accordingly following directions are made:
(a) Petitioner shall serve a copy of this writ petition along with a copy of today’s order upon the respondent nos. 5, 6 and 7; (b) Respondent no. 5 upon issuing a prior hearing notice of at least seven days to the petitioner, respondent nos. 6 and 7 and after granting them an opportunity of hearing shall decide the issue in the light of the case made out in the writ petition by passing a reasoned order in accordance with law;
(c) The entire exercise shall be carried out and completed by the respondent no. 5 by passing a reasoned order positively within a period of six weeks from the date of communication of this order; (d) The reasoned order shall be communicated to the petitioner, respondent no. 4, the respondent nos. 6 and 7 positively within a period of two weeks from the date of the said reasoned order to be passed.
A. Roy,J.
(e) The respondent no. 6 shall forthwith then sanction the Pension Payment Order and shall complete the necessary calculation and after quantify the amount shall send all the records to the respondent no. 4 positively within a period of three weeks from the date of receiving the said reasoned order.
(f) The respondent no. 4 shall then issue necessary Pension Payment Order (PPO) positively within two weeks from the date of receiving the calculation from respondent no. 6.
(g) The respondent no. 4 shall then transmit the PPO to the jurisdictional Treasury Officer who shall take all necessary and consequential steps and start payment of present pension in favour of the petitioner by crediting his bank account through electronic mode. The Treasury Officer shall also pay the arrear from the next date of retirement of the petitioner along with interest @ 6% per annum from the next date of retirement of the petitioner until amount is actually tendered to the petitioner.
(h) It is needless to mention that, all other allied retiral benefits shall also be paid to the petitioner within the said time frame after being calculated by the appropriate authority.
4. Since affidavits are not called for, and the State has not filed its response as already directed, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
A. Roy,J.
5. With the above observations and directions this writ petition being WPA 1022 of 2026 stands disposed of, without any order as to costs.
6. Photostat certified copy of this order, if applied for, be furnished expeditiously. ,,
(Aniruddha Roy, J.)